BOOKS

The Owlets of Minerva
Human Rights in the Practice of the European Court of Human Rights

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Table of Contents


Foreword VII
Preface 17

Article 2 – Right to life
– medical negligence: Calvelli and Ciglio v. Italy [Grand Chamber] 29
– self-defence: Giuliani and Gaggio v. Italy [Grand Chamber] 33


Article 3 – Prohibition of torture
– ill-treatment by police during arrest: Rehbock v. Slovenia 57
– deportation of foreign national – risk of ill-treatment in country of origin:
Saadi v. Italy [Grand Chamber] 69
– ill-treatment by police during arrest: Korobov v. Ukraine 78


Article 6 – Right to a fair trial
– limitation on access to court – substantive or procedural?:
Roche v. the United Kingdom 89
– limitation on access to court – State immunity:
Al-A dsani v. the United Kingdom [Grand Chamber] 108
– public hearing – victim status: Guisset v. France 119
– public hearing – Garcia Hernandez v. Spain 125
– reasonable time – length of court proceedings:
Papachelas v. Greece [Grand Chamber] 133
– impartial tribunal – plurality of functions of the French Conseil d’Etat:
Sacilor Lormines v. France 143
– impartial tribunal – lack of impartiality of central investigating judge:
Vera Fernández-Huidobro v. Spain 150
– criminal charge – prison disciplinary proceedings:
Ezeh and Connors v. the United Kingdom [Grand Chamber] 157
– fair trial – absence of accused from appeal hearing:
Hermi v. Italy [Grand Chamber] 172
– fair trial – non-disclosure of material held by the prosecution:
Jasper v. the United Kingdom [Grand Chamber] 185
– fair trial – admissibility of evidence obtained by coercion:
Jalloh v. Germany [Grand Chamber] 190
– impartial tribunal – contempt of court: Kyprianou v. Cyprus
[Grand Chamber] 209


Article 7 – No punishment without law
– foreseeability of conviction for acts committed in the former German
Democratic Republic: Streletz, Kessler and Krentz v. Germany
[Grand Chamber] 219
– foreseeability of application of new law on recidivism: Achour v. France
[Grand Chamber] 233


Article 8 – Private and family life
– respect for family life – right of celebrity to privacy:
Von Hannover v. Germany 243
– respect for family life – restrictions on father’s access to child:
Nuutinen v. Finland 253
– respect for family life – taking of children into public care and
restrictions on access: Scozzari and Giunta v. Italy [Grand Chamber] 266
– respect for family life – adequacy of measures to enforce parent’s right
of access to child following abduction by the other parent: Maumousseau
and Washington v. France 278
– respect for family life – parent’s right of access to child following
abduction by the other parent: Deak v. Romania and the United Kingdom 289
– respect for family life – parent’s right of access to child following
abduction by the other parent – Neulinger and Shuruk v. Switzerland 298
– respect for family life – deportation after lengthy period of residence:
Üner v. the Netherlands [Grand Chamber] 311
– respect for family life – access rights and prolongation of public care:
Dolhamre v. Sweden 320
– respect for family life – protection of honour: Polanco Torres and Movilla
Polanco v. Spain 332


Article 10 – Freedom of expression
– expression of views on constitutional issues by a senior judge:
Wille v. Liechtenstein [Grand Chamber] 337


Article 11 – Freedom of assembly and association
– negative freedom of association – closed shop agreements:
Sørensen and Rasmussen v. Denmark [Grand Chamber] 343


Article 14 – Prohibition of discrimination
– discrimination against land-owners opposed to hunting:
Chassagnou and others v. France [Grand Chamber] 353
– discrimination on grounds of sexual orientation – authorisation to adopt:
E.B. v. France [Grand Chamber] 366
– refusal to apply to cohabiting sisters the inheritance tax enjoyed
by married couples and civil partners: Burden v. the United Kingdom
[Grand Chamber] 373
– discriminatory treatment in education of Roma children: D.H. and
others v. the Czech Republic [Grand Chamber] 380


Article 3 of Protocol No. 1 – Right to free elections
– right to stand for election – exclusion on account of past undemocratic
activities: Ždanoka v. Latvia [Grand Chamber] 391


Procedural matters
– competence ratione temporis: Blečić v. Croatia [Grand Chamber] 407
– competence ratione temporis: Šilih v. Slovenia [Grand Chamber] 420
– matter resolved (Article 37 § 1(b)): Sisojeva v. Latvia [Grand Chamber] 432
– matter resolved (Article 37 § 1(b)): El Majjaoui and Stichting Touba
Moskee v. the Netherlands [Grand Chamber] 437
– matter already submitted to another procedure (Article 35 § 2(b)):
Folgerø v. Norway [Grand Chamber] 444


Article 41 – Just satisfaction
– reparation for violations of Article 6: Hood v. the United Kingdom
[Grand Chamber] 451
– reparation for violations of Article 6: Lucà v. Italy 463
– reparation for violations of Article 6: Pétur Thór Sigurđsson v. Iceland 476
– reparation for violations of Article 6: Kakamoukas and others v. Greece
[Grand Chamber] 483
– reparation for violation of Article 8: Tavlı v. Turkey 490
– reparation for violation of Article 7: Gurguchiani v. Spain 496


Article 46
– systemic problems - application of the “pilot judgment“ procedure:
Broniowski v. Poland [Grand Chamber] 501
– systemic problems - application of the “pilot judgment“ procedure:
Hutten-C zapska v. Poland [Grand Chamber] 513


Bibliography 527
List of Cases 539
Index 551

Copyright © 2012

by Boštjan M. Zupančič. All rights reserved.

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